Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 79431-79434 [2016-27303]

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Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices
7225.40.5130, 7225.40.5160, 7225.40.7000,
7225.99.0010, 7225.99.0090, 7226.11.1000,
7226.11.9060, 7226.19.1000, 7226.19.9000,
7226.91.0500, 7226.91.1530, 7226.91.1560,
7226.91.2530, 7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the investigation is dispositive.
Appendix II—List of Topics
Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Period of Investigation
4. Scope Comments
5. Discussion of the Methodology
a. Determination of Comparison Method
b. Results of the Differential Pricing
Analysis
6. Date of Sale
7. Product Comparisons
8. Export Price
9. Normal Value
a. Home Market Viability
b. Level of Trade
c. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
d. Overrun Sales
e. Calculation of NV Based on ComparisonMarket Prices
10. Application of Facts Available and Use of
Adverse Inference
a. Application of Facts Available
b. Use of Adverse Inference
c. Selection and Corroboration of the AFA
Rate
11. Currency Conversion
12. Conclusion
[FR Doc. 2016–27316 Filed 11–10–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–423–812]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Belgium:
Preliminary Determination of Sales at
Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that certain carbon and alloy
steel cut-to-length plate (CTL plate)
from Belgium is being, or is likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation (POI) is April 1, 2015,
through March 31, 2016. The estimated
weighted-average dumping margins of
sales at LTFV are shown in the
‘‘Preliminary Determination’’ section of
this notice. Interested parties are invited
to comment on this preliminary
determination.
Effective November 14, 2016.
FOR FURTHER INFORMATION CONTACT:
Andrew Medley or David Crespo, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4987 or (202) 482–3693,
respectively.
DATES:
SUPPLEMENTARY INFORMATION:
Background
The Department initiated this
investigation on April 28, 2016.1 For a
complete description of the events that
followed the initiation of this
investigation, see the memorandum that
is dated concurrently with this
determination and hereby adopted by
this notice.2 A list of topics in the
Preliminary Decision Memorandum is
included as Appendix II to this notice.
The Preliminary Decision
Memorandum is a public document and
is made available to the public via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Department’s Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
http://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is CTL plate from Belgium.
For a full description of the scope of this
investigation, see the ‘‘Scope of the
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AGENCY:
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1 See Certain Carbon and Alloy Steel Cut-ToLength Plate From Austria, Belgium, Brazil, France,
the Federal Republic of Germany, Italy, Japan, the
Republic of Korea, the People’s Republic of China,
South Africa, Taiwan, and the Republic of Turkey:
Initiation of Less-Than-Fair Value Investigations, 81
FR 27089 (May 5, 2016) (Initiation Notice).
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, entitled ‘‘Decision Memorandum for
the Preliminary Determination in the Antidumping
Duty Investigation of Certain Carbon and Alloy
Steel Cut-To-Length Plate From Belgium,’’
(Preliminary Decision Memorandum), dated
concurrently with this notice.
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79431
Investigation,’’ in Appendix I of this
notice.
Scope Comments
In accordance with the Preamble to
the Department’s regulations,3 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage, i.e., scope.4 Certain
interested parties commented on the
scope of the concurrent CTL plate
investigations as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
records of this and the concurrent CTL
plate investigations, and a discussion
and analysis of all comments timely
received, see the Department’s
Preliminary Scope Decision
Memorandum and the Department’s
Additional Preliminary Scope Decision
Memorandum.5 The Department has
preliminarily modified the scope
language as it appeared in the Initiation
Notice to clarify the exclusion for
stainless steel plate, corrected two tariff
numbers that were misidentified in the
Petitions and in the Initiation Notice,
and modified language pertaining to
existing steel plate and hot-rolled flatrolled steel orders.6
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. Export price and, where
appropriate, constructed export price
are calculated in accordance with
section 772 of the Tariff Act of 1930, as
amended (the Act). Normal value (NV)
is calculated in accordance with section
773 of the Act. For a full description of
3 See Antidumping Duties; Countervailing Duties;
Final rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
4 See Initiation Notice, 81 FR at 27090.
5 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, entitled, ‘‘Certain
Carbon and Alloy Steel Cut-to-Length Plate From
Austria, Belgium, Brazil, the People’s Republic of
China, France, the Federal Republic of Germany,
Italy, Japan, the Republic of Korea, the Republic of
South Africa, Taiwan, and Turkey: Scope
Comments Decision Memorandum for the
Preliminary Determinations,’’ dated September 6,
2016 (Preliminary Scope Decision Memorandum),
and Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, entitled, ‘‘Certain
Carbon and Alloy Steel Cut-to-Length Plate From
Austria, Belgium, Brazil, the People’s Republic of
China, France, the Federal Republic of Germany,
Italy, Japan, the Republic of Korea, the Republic of
South Africa, Taiwan, and Turkey: Additional
Scope Comments Preliminary Decision
Memorandum and Extension of Deadlines for Scope
Case Briefs and Scope Rebuttal Briefs,’’ dated
October 13, 2016 (Additional Preliminary Scope
Decision Memorandum), respectively.
6 See Preliminary Scope Decision Memorandum
at 2 and 56, and Additional Preliminary Scope
Decision Memorandum at 10–11 and 20.
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the methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
All-Others Rate
Consistent with sections
733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department calculated an estimated
all-others rate. Section 735(c)(5)(A) of
the Act provides that the estimated allothers rate shall be an amount equal to
the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In this investigation, we based our
calculation of the all-others rate on the
weighted-average of the margins
calculated for the two mandatory
respondents participating in this
investigation, Industeel Belgium S.A.
(Industeel) and NLMK Belgium,7 using
publicly-ranged data. Because we
cannot apply our normal methodology
of calculating a weighted-average
margin due to requests to protect
business-proprietary information, we
find this rate to be the best proxy of the
actual weighted-average margin
determined for these respondents.8 For
further discussion of this calculation,
see the memorandum entitled ‘‘Certain
Carbon and Alloy Steel Cut-to-Length
Plate from Italy: Calculation of the
Preliminary Margin for All Other
Companies,’’ dated concurrently with
this notice.
listed above will be the respondentspecific rates we determined in this
preliminary determination; (2) if the
exporter is not a mandatory respondent
identified above, but the producer is,
the rate will be the specific rate
established for the producer of the
subject merchandise; and (3) the rate for
all other producers or exporters will be
8.98 the all-others rate. These suspension of
8.50 liquidation instructions will remain in
effect until further notice.
Weighted-average
dumping margin
(percent)
Exporter/manufacturer
NLMK Clabecq S.A.,
NLMK Plate Sales
S.A., NLMK Sales Europe S.A., NLMK Manage Steel Center S.A.,
and/or NLMK La
Louviere S.A. ..............
All Others ........................
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Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, we will direct U.S. Customs
and Border Protection (CBP) to suspend
liquidation of all entries of subject
merchandise from Belgium, as described
in Appendix I of this notice, which are
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of this notice in the Federal
Register, except for Industeel and
NLMK Belgium, as described below.
Section 733(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of
(a) the date which is 90 days before the
date on which the suspension of
liquidation was first ordered, or (b) the
date on which notice of initiation of the
investigation was published.
Because we preliminarily found that
critical circumstances exist with regard
to imports produced and exported by
the mandatory respondents Industeel
and NLMK Belgium,9 we will instruct
Preliminary Determination
CBP to suspend liquidation of all entries
of CTL plate from Belgium, as described
The Department preliminarily
determines that CTL plate from Belgium in the scope of the investigation, from
the mandatory respondents that are
is being, or is likely to be, sold in the
entered, or withdrawn from warehouse,
United States at LTFV, pursuant to
for consumption on or after the date that
section 733 of the Act, and that the
is 90 days prior to the date on which
following estimated weighted-average
suspension of liquidation is first
dumping margins exist:
ordered, e.g., the date of publication of
Weighted-average this notice.
Exporter/manufacturer
dumping margin
Pursuant to section 733(d) of the Act
(percent)
and 19 CFR 351.205(d), we will instruct
CBP to require cash deposits 10 equal to
Industeel Belgium S.A. ...
2.41
the weighted-average amount by which
the NV exceeds U.S. price, as indicated
7 For this preliminary determination, the
in the chart above, as follows: (1) The
Department preliminarily determined to collapse,
rates for the mandatory respondents
and treat as a single entity, NLMK Clabecq S.A.,
NLMK Plate Sales S.A., NLMK Sales Europe S.A.,
NLMK Manage Steel Center S.A., and NLMK La
Louviere S.A. (collectively, NLMK Belgium). See
Memorandum to Melissa Skinner, Director, Office
II, ‘‘Less Than Fair Value Investigation of Certain
Carbon and Alloy Steel Cut-To-Length Plate from
Belgium: Preliminary Affiliation and Collapsing
Memorandum for NLMK Belgium,’’ dated October
27, 2016.
8 See, e.g., Welded Line Pipe From the Republic
of Turkey: Final Determination of Sales at Less
Than Fair Value, 80 FR 61362, 61363 (October 13,
2015).
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9 See Certain Carbon and Alloy Steel Cut-toLength Plate From Austria, Belgium, Brazil, the
Republic of Korea, Taiwan, and Turkey;
Antidumping and Countervailing Duty
Investigations: Preliminary Determinations of
Critical Circumstances, 81 FR 61666 (September 7,
2016).
10 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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Disclosure
We intend to disclose the calculations
performed to interested parties in this
proceeding within five days of the date
of publication of this notice in
accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i) of the
Act, we intend to verify information
relied upon in making our final
determination.
Public Comment
Interested parties are invited to
comment on this preliminary
determination. Case briefs or other
written comments may be submitted to
the Assistant Secretary for Enforcement
and Compliance no later than seven
days after the date on which the final
verification report is issued in this
proceeding, and rebuttal briefs, limited
to issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.11
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
The Department established separate
deadlines for interested parties to
provide comments on scope issues.12
Specifically, case briefs on scope issues
were to be submitted no later than
October 21, 2016. Scope rebuttal briefs,
limited to issues raised in the scope case
briefs, were to be submitted no later
than November 1, 2016.13 The
Department explained that parties
11 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
12 See Preliminary Scope Decision Memorandum;
Additional Preliminary Scope Decision
Memorandum; and Memorandum to the File,
entitled, ‘‘Deadlines for Submitting Scope Case
Briefs and Scope Rebuttal Briefs,’’ dated October 18,
2016 (Deadline Memo for Scope Briefs); and
Memorandum to the File, entitled, ‘‘Extension of
Deadline for Submitting Scope Rebuttal Briefs,’’
dated October 28, 2016 (Extension Memo for Scope
Rebuttal Briefs).
13 See Deadline Memo for Scope Briefs and
Extension Memo for Scope Rebuttal Briefs.
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should limit comments on scope issues
to their scope case brief and their scope
rebuttal brief.14 Thus, comments on
scope issues belong in parties’ scope
case briefs and scope rebuttal briefs only
and not in other case briefs and rebuttal
briefs submitted in this investigation.
The Department intends to address
parties’ scope comments in a final scope
memorandum.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. If a request for
a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
All documents must be filed
electronically using ACCESS. An
electronically-filed request must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Standard
Time.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
19 CFR 351.210(e)(2) requires that
requests by respondents for
postponement of a final determination
be accompanied by a request for
extension of provisional measures from
a four-month period to a period not
more than six months in duration.
Respondents NLMK Belgium and
Industeel requested that, in the event of
an affirmative preliminary
determination in this investigation, the
Department postpone its final
determination, and extend the
application of the provisional measures
prescribed under section 733(d) of the
14 See,
e.g., Deadline Memo for Scope Briefs.
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Act and 19 CFR 351.210(e)(2), from a
four-month period to a period not to
exceed six months.15
In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) Our
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, we are postponing the final
determination until no later than 135
days after the publication of this notice
in the Federal Register and extending
the provisional measures from a fourmonth period to a period not greater
than six months. Accordingly, we
intend to issue our final determination
no later than 135 days after the date of
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act.16
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we are notifying the ITC of our
affirmative preliminary determination of
sales at LTFV. If our final determination
is affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after our final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: November 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
The products covered by this investigation
are certain carbon and alloy steel hot-rolled
or forged flat plate products not in coils,
whether or not painted, varnished, or coated
with plastics or other non-metallic
substances (cut-to-length plate). Subject
merchandise includes plate that is produced
by being cut-to-length from coils or from
other discrete length plate and plate that is
rolled or forged into a discrete length. The
products covered include (1) Universal mill
plates (i.e., flat-rolled products rolled on four
faces or in a closed box pass, of a width
exceeding 150 mm but not exceeding 1250
15 See Letter from NLMK Belgium entitled,
‘‘NLMK Clabecq’s Request to Postpone Final
Determination: Certain Carbon and Alloy Steel CutTo-Length Plate From Belgium,’’ dated October 6,
2016 and Letter from Industeel entitled, ‘‘Certain
Carbon and Alloy Steel Cut-To-Length Plate From
Belgium: Request for Postponement of Final
Determination,’’ dated October 13, 2016.
16 See 19 CFR 351.210(b)(2) and (e).
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79433
mm, and of a thickness of not less than 4
mm, which are not in coils and without
patterns in relief), and (2) hot-rolled or forged
flat steel products of a thickness of 4.75 mm
or more and of a width which exceeds 150
mm and measures at least twice the
thickness, and which are not in coils,
whether or not with patterns in relief. The
covered products described above may be
rectangular, square, circular or other shapes
and include products of either rectangular or
non-rectangular cross-section where such
non-rectangular cross-section is achieved
subsequent to the rolling process, i.e.,
products which have been ‘‘worked after
rolling’’ (e.g., products which have been
beveled or rounded at the edges).
For purposes of the width and thickness
requirements referenced above, the following
rules apply:
(1) Except where otherwise stated where
the nominal and actual thickness or width
measurements vary, a product from a given
subject country is within the scope if
application of either the nominal or actual
measurement would place it within the scope
based on the definitions set forth above; and
(2) where the width and thickness vary for
a specific product (e.g., the thickness of
certain products with non-rectangular crosssection, the width of certain products with
non-rectangular shape, etc.), the
measurement at its greatest width or
thickness applies.
Steel products included in the scope of this
investigation are products in which: (1) Iron
predominates, by weight, over each of the
other contained elements; and (2) the carbon
content is 2 percent or less by weight.
Subject merchandise includes cut-to-length
plate that has been further processed in the
subject country or a third country, including
but not limited to pickling, oiling, levelling,
annealing, tempering, temper rolling, skin
passing, painting, varnishing, trimming,
cutting, punching, beveling, and/or slitting,
or any other processing that would not
otherwise remove the merchandise from the
scope of the investigation if performed in the
country of manufacture of the cut-to-length
plate.
All products that meet the written physical
description, are within the scope of this
investigation unless specifically excluded or
covered by the scope of an existing order.
The following products are outside of, and/
or specifically excluded from, the scope of
this investigation:
(1) Products clad, plated, or coated with
metal, whether or not painted, varnished or
coated with plastic or other non-metallic
substances;
(2) military grade armor plate certified to
one of the following specifications or to a
specification that references and incorporates
one of the following specifications:
• MIL–A–12560,
• MIL–DTL–12560H,
• MIL–DTL–12560J,
• MIL–DTL–12560K,
• MIL–DTL–32332,
• MIL–A–46100D,
• MIL–DTL–46100–E,
• MIL–46177C,
• MIL–S–16216K Grade HY80,
• MIL–S–16216K Grade HY100,
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• MIL–S–24645A HSLA–80;
• MIL–S–24645A HSLA–100,
• T9074–BD–GIB–010/0300 Grade HY80,
• T9074–BD–GIB–010/0300 Grade HY100,
• T9074–BD–GIB–010/0300 Grade
HSLA80,
• T9074–BD–GIB–010/0300 Grade
HSLA100, and
• T9074–BD–GIB–010/0300 Mod. Grade
HSLA115,
except that any cut-to-length plate certified to
one of the above specifications, or to a
military grade armor specification that
references and incorporates one of the above
specifications, will not be excluded from the
scope if it is also dual- or multiple-certified
to any other non-armor specification that
otherwise would fall within the scope of this
order;
(3) stainless steel plate, containing 10.5
percent or more of chromium by weight and
not more than 1.2 percent of carbon by
weight;
(4) CTL plate meeting the requirements of
ASTM A–829, Grade E 4340 that are over 305
mm in actual thickness;
(5) Alloy forged and rolled CTL plate
greater than or equal to 152.4 mm in actual
thickness meeting each of the following
requirements:
(a) Electric furnace melted, ladle refined &
vacuum degassed and having a chemical
composition (expressed in weight
percentages):
• Carbon 0.23–0.28,
• Silicon 0.05–0.20,
• Manganese 1.20–1.60,
• Nickel not greater than 1.0,
• Sulfur not greater than 0.007,
• Phosphorus not greater than 0.020,
• Chromium 1.0–2.5,
• Molybdenum 0.35–0.80,
• Boron 0.002–0.004,
• Oxygen not greater than 20 ppm,
• Hydrogen not greater than 2 ppm, and
• Nitrogen not greater than 60 ppm;
(b) With a Brinell hardness measured in all
parts of the product including mid thickness
falling within one of the following ranges:
(i) 270–300 HBW,
(ii) 290–320 HBW, or
(iii) 320–350HBW;
(c) Having cleanliness in accordance with
ASTM E45 method A (Thin and Heavy): A
not exceeding 1.5, B not exceeding 1.0, C not
exceeding 0.5, D not exceeding 1.5; and
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with
acceptance criteria 2 mm flat bottom hole;
(6) Alloy forged and rolled steel CTL plate
over 407 mm in actual thickness and meeting
the following requirements:
(a) Made from Electric Arc Furnace melted,
Ladle refined & vacuum degassed, alloy steel
with the following chemical composition
(expressed in weight percentages):
• Carbon 0.23–0.28,
• Silicon 0.05–0.15,
• Manganese 1.20–1.50,
• Nickel not greater than 0.4,
• Sulfur not greater than 0.010,
• Phosphorus not greater than 0.020,
• Chromium 1.20–1.50,
• Molybdenum 0.35–0.55,
• Boron 0.002–0.004,
• Oxygen not greater than 20 ppm,
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• Hydrogen not greater than 2 ppm, and
• Nitrogen not greater than 60 ppm;
(b) Having cleanliness in accordance with
ASTM E45 method A (Thin and Heavy): A
not exceeding 1.5, B not exceeding 1.5, C not
exceeding 1.0, D not exceeding 1.5;
(c) Having the following mechanical
properties:
(i) With a Brinell hardness not more than
237 HBW measured in all parts of the
product including mid thickness; and having
a Yield Strength of 75ksi min and UTS 95ksi
or more, Elongation of 18% or more and
Reduction of area 35% or more; having
charpy V at ¥75 degrees F in the
longitudinal direction equal or greater than
15 ft. lbs (single value) and equal or greater
than 20 ft. lbs (average of 3 specimens) and
conforming to the requirements of NACE
MR01–75; or
(ii) With a Brinell hardness not less than
240 HBW measured in all parts of the
product including mid thickness; and having
a Yield Strength of 90 ksi min and UTS 110
ksi or more, Elongation of 15% or more and
Reduction of area 30% or more; having
charpy V at ¥40 degrees F in the
longitudinal direction equal or greater than
21 ft. lbs (single value) and equal or greater
than 31 ft. lbs (average of 3 specimens);
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with
acceptance criteria 3.2 mm flat bottom hole;
and
(e) Conforming to magnetic particle
inspection in accordance with AMS 2301;
(7) Alloy forged and rolled steel CTL plate
over 407 mm in actual thickness and meeting
the following requirements:
(a) Made from Electric Arc Furnace melted,
ladle refined & vacuum degassed, alloy steel
with the following chemical composition
(expressed in weight percentages):
• Carbon 0.25–0.30,
• Silicon not greater than 0.25,
• Manganese not greater than 0.50,
• Nickel 3.0–3.5,
• Sulfur not greater than 0.010,
• Phosphorus not greater than 0.020,
• Chromium 1.0–1.5,
• Molybdenum 0.6–0.9,
• Vanadium 0.08 to 0.12
• Boron 0.002–0.004,
• Oxygen not greater than 20 ppm,
• Hydrogen not greater than 2 ppm, and
• Nitrogen not greater than 60 ppm.
(b) Having cleanliness in accordance with
ASTM E45 method A (Thin and Heavy): A
not exceeding 1.0(t) and 0.5(h), B not
exceeding 1.5(t) and 1.0(h), C not exceeding
1.0(t) and 0.5(h), and D not exceeding 1.5(t)
and 1.0(h);
(c) Having the following mechanical
properties: A Brinell hardness not less than
350 HBW measured in all parts of the
product including mid thickness; and having
a Yield Strength of 145ksi or more and UTS
160ksi or more, Elongation of 15% or more
and Reduction of area 35% or more; having
charpy V at ¥40 degrees F in the transverse
direction equal or greater than 20 ft. lbs
(single value) and equal or greater than 25 ft.
lbs (average of 3 specimens);
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with
acceptance criteria 3.2 mm flat bottom hole;
and
PO 00000
Frm 00024
Fmt 4703
Sfmt 9990
(e) Conforming to magnetic particle
inspection in accordance with AMS 2301.
The products subject to the investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7208.40.3030,
7208.40.3060, 7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000, 7211.13.0000,
7211.14.0030, 7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000.
The products subject to the investigation
may also enter under the following HTSUS
item numbers: 7208.40.6060, 7208.53.0000,
7208.90.0000, 7210.70.3000, 7210.90.9000,
7211.19.1500, 7211.19.2000, 7211.19.4500,
7211.19.6000, 7211.19.7590, 7211.90.0000,
7212.40.1000, 7212.40.5000, 7212.50.0000,
7214.10.0000, 7214.30.0010, 7214.30.0080,
7214.91.0015, 7214.91.0060, 7214.91.0090,
7225.11.0000, 7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160, 7225.40.7000,
7225.99.0010, 7225.99.0090, 7226.11.1000,
7226.11.9060, 7226.19.1000, 7226.19.9000,
7226.91.0500, 7226.91.1530, 7226.91.1560,
7226.91.2530, 7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the investigation is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Affiliation and Collapsing
VI. Preliminary Determination of Critical
Circumstances
VII. Discussion of the Methodology
(A) Determination of Comparison Method
(B) Results of the Differential Pricing
Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price/Constructed Export Price
XI. Normal Value
(A) Home Market Viability
(B) Level of Trade
(C) Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
(D) Calculation of NV Based on
Comparison-Market Prices
(E) Price-to-Constructed Value Comparison
XII. Currency Conversion
XIII. Conclusion
[FR Doc. 2016–27303 Filed 11–10–16; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\14NON1.SGM
14NON1

Agencies

[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79431-79434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27303]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-812]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium:
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that certain carbon and alloy steel cut-to-length plate (CTL
plate) from Belgium is being, or is likely to be, sold in the United
States at less than fair value (LTFV). The period of investigation
(POI) is April 1, 2015, through March 31, 2016. The estimated weighted-
average dumping margins of sales at LTFV are shown in the ``Preliminary
Determination'' section of this notice. Interested parties are invited
to comment on this preliminary determination.
DATES: Effective November 14, 2016.
FOR FURTHER INFORMATION CONTACT: Andrew Medley or David Crespo, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-4987 or (202) 482-3693,
respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department initiated this investigation on April 28, 2016.\1\
For a complete description of the events that followed the initiation
of this investigation, see the memorandum that is dated concurrently
with this determination and hereby adopted by this notice.\2\ A list of
topics in the Preliminary Decision Memorandum is included as Appendix
II to this notice.
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate From
Austria, Belgium, Brazil, France, the Federal Republic of Germany,
Italy, Japan, the Republic of Korea, the People's Republic of China,
South Africa, Taiwan, and the Republic of Turkey: Initiation of
Less-Than-Fair Value Investigations, 81 FR 27089 (May 5, 2016)
(Initiation Notice).
\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
entitled ``Decision Memorandum for the Preliminary Determination in
the Antidumping Duty Investigation of Certain Carbon and Alloy Steel
Cut-To-Length Plate From Belgium,'' (Preliminary Decision
Memorandum), dated concurrently with this notice.
---------------------------------------------------------------------------
The Preliminary Decision Memorandum is a public document and is
made available to the public via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Department's
Central Records Unit, Room B8024 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic version of the Preliminary Decision Memorandum are
identical in content.
Scope of the Investigation
The product covered by this investigation is CTL plate from
Belgium. For a full description of the scope of this investigation, see
the ``Scope of the Investigation,'' in Appendix I of this notice.
Scope Comments
In accordance with the Preamble to the Department's regulations,\3\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, i.e., scope.\4\ Certain interested
parties commented on the scope of the concurrent CTL plate
investigations as it appeared in the Initiation Notice. For a summary
of the product coverage comments and rebuttal responses submitted to
the records of this and the concurrent CTL plate investigations, and a
discussion and analysis of all comments timely received, see the
Department's Preliminary Scope Decision Memorandum and the Department's
Additional Preliminary Scope Decision Memorandum.\5\ The Department has
preliminarily modified the scope language as it appeared in the
Initiation Notice to clarify the exclusion for stainless steel plate,
corrected two tariff numbers that were misidentified in the Petitions
and in the Initiation Notice, and modified language pertaining to
existing steel plate and hot-rolled flat-rolled steel orders.\6\
---------------------------------------------------------------------------
\3\ See Antidumping Duties; Countervailing Duties; Final rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\4\ See Initiation Notice, 81 FR at 27090.
\5\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
entitled, ``Certain Carbon and Alloy Steel Cut-to-Length Plate From
Austria, Belgium, Brazil, the People's Republic of China, France,
the Federal Republic of Germany, Italy, Japan, the Republic of
Korea, the Republic of South Africa, Taiwan, and Turkey: Scope
Comments Decision Memorandum for the Preliminary Determinations,''
dated September 6, 2016 (Preliminary Scope Decision Memorandum), and
Memorandum to Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, entitled, ``Certain
Carbon and Alloy Steel Cut-to-Length Plate From Austria, Belgium,
Brazil, the People's Republic of China, France, the Federal Republic
of Germany, Italy, Japan, the Republic of Korea, the Republic of
South Africa, Taiwan, and Turkey: Additional Scope Comments
Preliminary Decision Memorandum and Extension of Deadlines for Scope
Case Briefs and Scope Rebuttal Briefs,'' dated October 13, 2016
(Additional Preliminary Scope Decision Memorandum), respectively.
\6\ See Preliminary Scope Decision Memorandum at 2 and 56, and
Additional Preliminary Scope Decision Memorandum at 10-11 and 20.
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. Export price and, where appropriate,
constructed export price are calculated in accordance with section 772
of the Tariff Act of 1930, as amended (the Act). Normal value (NV) is
calculated in accordance with section 773 of the Act. For a full
description of
[[Page 79432]]
the methodology underlying our preliminary conclusions, see the
Preliminary Decision Memorandum.
All-Others Rate
Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department calculated an estimated all-others rate. Section
735(c)(5)(A) of the Act provides that the estimated all-others rate
shall be an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero and de minimis
margins, and any margins determined entirely under section 776 of the
Act.
In this investigation, we based our calculation of the all-others
rate on the weighted-average of the margins calculated for the two
mandatory respondents participating in this investigation, Industeel
Belgium S.A. (Industeel) and NLMK Belgium,\7\ using publicly-ranged
data. Because we cannot apply our normal methodology of calculating a
weighted-average margin due to requests to protect business-proprietary
information, we find this rate to be the best proxy of the actual
weighted-average margin determined for these respondents.\8\ For
further discussion of this calculation, see the memorandum entitled
``Certain Carbon and Alloy Steel Cut-to-Length Plate from Italy:
Calculation of the Preliminary Margin for All Other Companies,'' dated
concurrently with this notice.
---------------------------------------------------------------------------
\7\ For this preliminary determination, the Department
preliminarily determined to collapse, and treat as a single entity,
NLMK Clabecq S.A., NLMK Plate Sales S.A., NLMK Sales Europe S.A.,
NLMK Manage Steel Center S.A., and NLMK La Louviere S.A.
(collectively, NLMK Belgium). See Memorandum to Melissa Skinner,
Director, Office II, ``Less Than Fair Value Investigation of Certain
Carbon and Alloy Steel Cut-To-Length Plate from Belgium: Preliminary
Affiliation and Collapsing Memorandum for NLMK Belgium,'' dated
October 27, 2016.
\8\ See, e.g., Welded Line Pipe From the Republic of Turkey:
Final Determination of Sales at Less Than Fair Value, 80 FR 61362,
61363 (October 13, 2015).
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that CTL plate from Belgium
is being, or is likely to be, sold in the United States at LTFV,
pursuant to section 733 of the Act, and that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-average
Exporter/manufacturer dumping margin
(percent)
------------------------------------------------------------------------
Industeel Belgium S.A................................ 2.41
NLMK Clabecq S.A., NLMK Plate Sales S.A., NLMK Sales 8.98
Europe S.A., NLMK Manage Steel Center S.A., and/or
NLMK La Louviere S.A................................
All Others........................................... 8.50
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to suspend liquidation of all
entries of subject merchandise from Belgium, as described in Appendix I
of this notice, which are entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice in the
Federal Register, except for Industeel and NLMK Belgium, as described
below.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published.
Because we preliminarily found that critical circumstances exist
with regard to imports produced and exported by the mandatory
respondents Industeel and NLMK Belgium,\9\ we will instruct CBP to
suspend liquidation of all entries of CTL plate from Belgium, as
described in the scope of the investigation, from the mandatory
respondents that are entered, or withdrawn from warehouse, for
consumption on or after the date that is 90 days prior to the date on
which suspension of liquidation is first ordered, e.g., the date of
publication of this notice.
---------------------------------------------------------------------------
\9\ See Certain Carbon and Alloy Steel Cut-to-Length Plate From
Austria, Belgium, Brazil, the Republic of Korea, Taiwan, and Turkey;
Antidumping and Countervailing Duty Investigations: Preliminary
Determinations of Critical Circumstances, 81 FR 61666 (September 7,
2016).
---------------------------------------------------------------------------
Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we
will instruct CBP to require cash deposits \10\ equal to the weighted-
average amount by which the NV exceeds U.S. price, as indicated in the
chart above, as follows: (1) The rates for the mandatory respondents
listed above will be the respondent-specific rates we determined in
this preliminary determination; (2) if the exporter is not a mandatory
respondent identified above, but the producer is, the rate will be the
specific rate established for the producer of the subject merchandise;
and (3) the rate for all other producers or exporters will be the all-
others rate. These suspension of liquidation instructions will remain
in effect until further notice.
---------------------------------------------------------------------------
\10\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
---------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed to interested
parties in this proceeding within five days of the date of publication
of this notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i) of the Act, we intend to verify
information relied upon in making our final determination.
Public Comment
Interested parties are invited to comment on this preliminary
determination. Case briefs or other written comments may be submitted
to the Assistant Secretary for Enforcement and Compliance no later than
seven days after the date on which the final verification report is
issued in this proceeding, and rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than five days after
the deadline date for case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
The Department established separate deadlines for interested
parties to provide comments on scope issues.\12\ Specifically, case
briefs on scope issues were to be submitted no later than October 21,
2016. Scope rebuttal briefs, limited to issues raised in the scope case
briefs, were to be submitted no later than November 1, 2016.\13\ The
Department explained that parties
[[Page 79433]]
should limit comments on scope issues to their scope case brief and
their scope rebuttal brief.\14\ Thus, comments on scope issues belong
in parties' scope case briefs and scope rebuttal briefs only and not in
other case briefs and rebuttal briefs submitted in this investigation.
The Department intends to address parties' scope comments in a final
scope memorandum.
---------------------------------------------------------------------------
\12\ See Preliminary Scope Decision Memorandum; Additional
Preliminary Scope Decision Memorandum; and Memorandum to the File,
entitled, ``Deadlines for Submitting Scope Case Briefs and Scope
Rebuttal Briefs,'' dated October 18, 2016 (Deadline Memo for Scope
Briefs); and Memorandum to the File, entitled, ``Extension of
Deadline for Submitting Scope Rebuttal Briefs,'' dated October 28,
2016 (Extension Memo for Scope Rebuttal Briefs).
\13\ See Deadline Memo for Scope Briefs and Extension Memo for
Scope Rebuttal Briefs.
\14\ See, e.g., Deadline Memo for Scope Briefs.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
within 30 days after the date of publication of this notice. Requests
should contain the party's name, address, and telephone number, the
number of participants, and a list of the issues to be discussed. If a
request for a hearing is made, the Department intends to hold the
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230, at a time and date to be determined. Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
All documents must be filed electronically using ACCESS. An
electronically-filed request must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Standard Time.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. 19 CFR 351.210(e)(2) requires that requests by
respondents for postponement of a final determination be accompanied by
a request for extension of provisional measures from a four-month
period to a period not more than six months in duration.
Respondents NLMK Belgium and Industeel requested that, in the event
of an affirmative preliminary determination in this investigation, the
Department postpone its final determination, and extend the application
of the provisional measures prescribed under section 733(d) of the Act
and 19 CFR 351.210(e)(2), from a four-month period to a period not to
exceed six months.\15\
---------------------------------------------------------------------------
\15\ See Letter from NLMK Belgium entitled, ``NLMK Clabecq's
Request to Postpone Final Determination: Certain Carbon and Alloy
Steel Cut-To-Length Plate From Belgium,'' dated October 6, 2016 and
Letter from Industeel entitled, ``Certain Carbon and Alloy Steel
Cut-To-Length Plate From Belgium: Request for Postponement of Final
Determination,'' dated October 13, 2016.
---------------------------------------------------------------------------
In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) Our preliminary determination is
affirmative; (2) the requesting exporters account for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, we are postponing the final determination
until no later than 135 days after the publication of this notice in
the Federal Register and extending the provisional measures from a
four-month period to a period not greater than six months. Accordingly,
we intend to issue our final determination no later than 135 days after
the date of publication of this preliminary determination, pursuant to
section 735(a)(2) of the Act.\16\
---------------------------------------------------------------------------
\16\ See 19 CFR 351.210(b)(2) and (e).
---------------------------------------------------------------------------
International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we are notifying the
ITC of our affirmative preliminary determination of sales at LTFV. If
our final determination is affirmative, the ITC will determine before
the later of 120 days after the date of this preliminary determination
or 45 days after our final determination whether these imports are
materially injuring, or threaten material injury to, the U.S. industry.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: November 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The products covered by this investigation are certain carbon
and alloy steel hot-rolled or forged flat plate products not in
coils, whether or not painted, varnished, or coated with plastics or
other non-metallic substances (cut-to-length plate). Subject
merchandise includes plate that is produced by being cut-to-length
from coils or from other discrete length plate and plate that is
rolled or forged into a discrete length. The products covered
include (1) Universal mill plates (i.e., flat-rolled products rolled
on four faces or in a closed box pass, of a width exceeding 150 mm
but not exceeding 1250 mm, and of a thickness of not less than 4 mm,
which are not in coils and without patterns in relief), and (2) hot-
rolled or forged flat steel products of a thickness of 4.75 mm or
more and of a width which exceeds 150 mm and measures at least twice
the thickness, and which are not in coils, whether or not with
patterns in relief. The covered products described above may be
rectangular, square, circular or other shapes and include products
of either rectangular or non-rectangular cross-section where such
non-rectangular cross-section is achieved subsequent to the rolling
process, i.e., products which have been ``worked after rolling''
(e.g., products which have been beveled or rounded at the edges).
For purposes of the width and thickness requirements referenced
above, the following rules apply:
(1) Except where otherwise stated where the nominal and actual
thickness or width measurements vary, a product from a given subject
country is within the scope if application of either the nominal or
actual measurement would place it within the scope based on the
definitions set forth above; and
(2) where the width and thickness vary for a specific product
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape,
etc.), the measurement at its greatest width or thickness applies.
Steel products included in the scope of this investigation are
products in which: (1) Iron predominates, by weight, over each of
the other contained elements; and (2) the carbon content is 2
percent or less by weight.
Subject merchandise includes cut-to-length plate that has been
further processed in the subject country or a third country,
including but not limited to pickling, oiling, levelling, annealing,
tempering, temper rolling, skin passing, painting, varnishing,
trimming, cutting, punching, beveling, and/or slitting, or any other
processing that would not otherwise remove the merchandise from the
scope of the investigation if performed in the country of
manufacture of the cut-to-length plate.
All products that meet the written physical description, are
within the scope of this investigation unless specifically excluded
or covered by the scope of an existing order. The following products
are outside of, and/or specifically excluded from, the scope of this
investigation:
(1) Products clad, plated, or coated with metal, whether or not
painted, varnished or coated with plastic or other non-metallic
substances;
(2) military grade armor plate certified to one of the following
specifications or to a specification that references and
incorporates one of the following specifications:
MIL-A-12560,
MIL-DTL-12560H,
MIL-DTL-12560J,
MIL-DTL-12560K,
MIL-DTL-32332,
MIL-A-46100D,
MIL-DTL-46100-E,
MIL-46177C,
MIL-S-16216K Grade HY80,
MIL-S-16216K Grade HY100,
[[Page 79434]]
MIL-S-24645A HSLA-80;
MIL-S-24645A HSLA-100,
T9074-BD-GIB-010/0300 Grade HY80,
T9074-BD-GIB-010/0300 Grade HY100,
T9074-BD-GIB-010/0300 Grade HSLA80,
T9074-BD-GIB-010/0300 Grade HSLA100, and
T9074-BD-GIB-010/0300 Mod. Grade HSLA115,
except that any cut-to-length plate certified to one of the above
specifications, or to a military grade armor specification that
references and incorporates one of the above specifications, will
not be excluded from the scope if it is also dual- or multiple-
certified to any other non-armor specification that otherwise would
fall within the scope of this order;
(3) stainless steel plate, containing 10.5 percent or more of
chromium by weight and not more than 1.2 percent of carbon by
weight;
(4) CTL plate meeting the requirements of ASTM A-829, Grade E
4340 that are over 305 mm in actual thickness;
(5) Alloy forged and rolled CTL plate greater than or equal to
152.4 mm in actual thickness meeting each of the following
requirements:
(a) Electric furnace melted, ladle refined & vacuum degassed and
having a chemical composition (expressed in weight percentages):
Carbon 0.23-0.28,
Silicon 0.05-0.20,
Manganese 1.20-1.60,
Nickel not greater than 1.0,
Sulfur not greater than 0.007,
Phosphorus not greater than 0.020,
Chromium 1.0-2.5,
Molybdenum 0.35-0.80,
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm;
(b) With a Brinell hardness measured in all parts of the product
including mid thickness falling within one of the following ranges:
(i) 270-300 HBW,
(ii) 290-320 HBW, or
(iii) 320-350HBW;
(c) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not
exceeding 0.5, D not exceeding 1.5; and
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 2 mm flat bottom hole;
(6) Alloy forged and rolled steel CTL plate over 407 mm in
actual thickness and meeting the following requirements:
(a) Made from Electric Arc Furnace melted, Ladle refined &
vacuum degassed, alloy steel with the following chemical composition
(expressed in weight percentages):
Carbon 0.23-0.28,
Silicon 0.05-0.15,
Manganese 1.20-1.50,
Nickel not greater than 0.4,
Sulfur not greater than 0.010,
Phosphorus not greater than 0.020,
Chromium 1.20-1.50,
Molybdenum 0.35-0.55,
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm;
(b) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not
exceeding 1.0, D not exceeding 1.5;
(c) Having the following mechanical properties:
(i) With a Brinell hardness not more than 237 HBW measured in
all parts of the product including mid thickness; and having a Yield
Strength of 75ksi min and UTS 95ksi or more, Elongation of 18% or
more and Reduction of area 35% or more; having charpy V at -75
degrees F in the longitudinal direction equal or greater than 15 ft.
lbs (single value) and equal or greater than 20 ft. lbs (average of
3 specimens) and conforming to the requirements of NACE MR01-75; or
(ii) With a Brinell hardness not less than 240 HBW measured in
all parts of the product including mid thickness; and having a Yield
Strength of 90 ksi min and UTS 110 ksi or more, Elongation of 15% or
more and Reduction of area 30% or more; having charpy V at -40
degrees F in the longitudinal direction equal or greater than 21 ft.
lbs (single value) and equal or greater than 31 ft. lbs (average of
3 specimens);
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 3.2 mm flat bottom hole; and
(e) Conforming to magnetic particle inspection in accordance
with AMS 2301;
(7) Alloy forged and rolled steel CTL plate over 407 mm in
actual thickness and meeting the following requirements:
(a) Made from Electric Arc Furnace melted, ladle refined &
vacuum degassed, alloy steel with the following chemical composition
(expressed in weight percentages):
Carbon 0.25-0.30,
Silicon not greater than 0.25,
Manganese not greater than 0.50,
Nickel 3.0-3.5,
Sulfur not greater than 0.010,
Phosphorus not greater than 0.020,
Chromium 1.0-1.5,
Molybdenum 0.6-0.9,
Vanadium 0.08 to 0.12
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm.
(b) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding
1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not
exceeding 1.5(t) and 1.0(h);
(c) Having the following mechanical properties: A Brinell
hardness not less than 350 HBW measured in all parts of the product
including mid thickness; and having a Yield Strength of 145ksi or
more and UTS 160ksi or more, Elongation of 15% or more and Reduction
of area 35% or more; having charpy V at -40 degrees F in the
transverse direction equal or greater than 20 ft. lbs (single value)
and equal or greater than 25 ft. lbs (average of 3 specimens);
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 3.2 mm flat bottom hole; and
(e) Conforming to magnetic particle inspection in accordance
with AMS 2301.
The products subject to the investigation are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000,
7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and
7226.91.5000.
The products subject to the investigation may also enter under
the following HTSUS item numbers: 7208.40.6060, 7208.53.0000,
7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.19.1500,
7211.19.2000, 7211.19.4500, 7211.19.6000, 7211.19.7590,
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000,
7214.10.0000, 7214.30.0010, 7214.30.0080, 7214.91.0015,
7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000,
7225.40.5110, 7225.40.5130, 7225.40.5160, 7225.40.7000,
7225.99.0010, 7225.99.0090, 7226.11.1000, 7226.11.9060,
7226.19.1000, 7226.19.9000, 7226.91.0500, 7226.91.1530,
7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigation is dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Affiliation and Collapsing
VI. Preliminary Determination of Critical Circumstances
VII. Discussion of the Methodology
(A) Determination of Comparison Method
(B) Results of the Differential Pricing Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price/Constructed Export Price
XI. Normal Value
(A) Home Market Viability
(B) Level of Trade
(C) Cost of Production (COP) Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
(D) Calculation of NV Based on Comparison-Market Prices
(E) Price-to-Constructed Value Comparison
XII. Currency Conversion
XIII. Conclusion
[FR Doc. 2016-27303 Filed 11-10-16; 8:45 am]
BILLING CODE 3510-DS-P